Defendant: I feared for my life

Troy teen testifies that he thought victim was going to kill him before shooting

BY BOB GARDINIER Staff writer

Published 12:01 am, Friday, April 15, 2011

TROY -- The city teen who allegedly shot a man seven times last year, killing him in front of his family, told jurors he kept shooting because the man was walking toward him with a knife and he feared for his life.

Ayerius Benson, 18, took the stand Thursday and did not deny shooting Tunham Tate, 29, outside of his home in Corliss Park Apartments just before 3 p.m. on April 15, 2010, but insisted he thought Tate was going to kill him.

Under cross-examination by Assistant District Attorney Shane Hug, Benson even stood up on the stand and showed jurors how he held and fired the handgun.

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Prosecutors allege that Benson angered Tate by selling a $10 bag of marijuana to a relative of Tate's for $20. They said Tate then embarrassed Benson by confronting him over the matter in front of his friends and grabbing him around the neck and throwing him into a screen door. After that confrontation, Benson yelled he was going to get a gun, went to his apartment in the complex and got a .22 caliber pistol, quickly returned and allegedly shot Tate.

Assistant District Attorney Shane Hug has repeatedly told jurors that Tate, who was also know as 'T' or 'Capo', was not armed.

"If you were scared, why didn't you just run away?'' Hug asked Benson. ''Instead you fired that gun over and over again.''

Defense attorney Yorden Huban has told jurors Benson is developmentally disabled and feared for his life when he shot Tate, described as 6 feet 1 and 443 pounds.

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Huban said his client has an IQ of 66 and an expert testified that Benson suffered an episode of extreme emotional distress after being threatened by Tate, who worked as a bouncer.

"Do you think there is anyone else in this courtroom who got choked by a 443-pound man?'' Huban asked Benson.

"No,'' he replied.

"He continued to come at you and you were scared, right?'' Huban asked.

"Yes,'' Benson said.

Benson is on trial on one count of second-degree murder and two counts of weapons possession.

At the end of testimony, if Judge Andrew Ceresia determines that Huban has set proper grounds for an extreme emotional distress defense, he may allow jurors to consider both second-degree murder or a lesser charge of manslaughter.

Testimony will continue Friday and Ceresia told jurors they will likely begin their deliberations Monday.